NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Criminal Appeal No.1581 of 2017 {Arising out of judgment dated 10-7-2017 in Sessions Trial No.14/2016 of the 3^rd Additional Sessions Judge, Baloda Bazaar}

Rajesh Kumar @ Raju Dewangan, S/o Ajay Kumar Dewangan, Aged about 25 years, R/o Talwapara, Pathan Mohalla, Ward No.10, P.S. Janjgir, District Janjgir-Champa (C.G.)

(In Jail)

---- Appellant Versus State of Chhattisgarh, through P.S. Gidhauri, District Baloda Bazar (C.G.)

---- Respondent AND Criminal Appeal No.1275 of 2017 Yogesh Kumar Dewangan, S/o Horilal Dewangan, aged about 23 years, (Labour Worker) R/o Village Tundra, Police Station Gidhori, Civil and Revenue District Baloda Bazar / Bhatapara (C.G.)

(In Jail)

---- Appellant Versus State of Chhattisgarh, through the Station House Officer, Police Station Gidhori, Civil and Revenue District Baloda Bazar / Bhatapara (C.G.)

---- Respondent ----------------------------------------------------------------------------------------------------

For Appellant in Cr.A.No.1581/2017: -

Mr. Rohit Sharma, Advocate / Panel Lawyer appointed by the Chhattisgarh High Court Legal Services Committee.

For Appellant in Cr.A.No.1275/2017: -

Dr. Nirmal Kumar Shukla, Senior Advocate with Ms. Priya Mishra and Ms. Kusum Lalchandani, Advocates.

For State / Respondent: -

Mr. Arvind Dubey, Government Advocate.

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Division Bench: -

Hon'ble Shri Sanjay K. Agrawal and Hon'ble Shri Arvind Singh Chandel, JJ.

Judgment On Board (24/04/2024)

Sanjay K. Agrawal, J.

1. Sole appellant Rajesh Kumar @ Raju Dewangan (A-1) in Cr.A.

No.1581/2017 and sole appellant Yogesh Kumar (A-2) in Cr.A. No.1275/2017, have preferred these appeals under Section 374(2) of the CrPC feeling aggrieved and dissatisfied with the impugned judgment dated 10-7-2017 passed by the 3^rd Additional Sessions Judge, Baloda Bazaar, in Sessions Trial No.14/2016, by which the learned Additional Sessions Judge has convicted and sentenced the appellants in the following manner with a direction to run all the sentences concurrently: -

2. Since both the criminal appeals have arisen out of one and same judgment dated 10-7-2017 passed by the 3^rd Additional Sessions Judge, Baloda Bazaar, in one Sessions Trial No.14/2016 and since common question of fact and law is involved in both the appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

3. Case of the prosecution, in short, is that Mohan Das (PW-1) reported the matter to the police on 8-5-2015 pursuant to which morgue was lodged alleging that one unknown naked putrefied dead body was lying at Badhaikhar near Ulat Nahar, Village tundra, District Baloda Bazaar-Bhatapara. Morgue intimation was lodged vide Ex.P-1 on 8- 5-2015 at 10.20 a.m. by Mohan Das (PW-1). Inquest was conducted vide Ex.P-4 and postmortem of the unknown dead body was conducted vide Ex.P-21 by Dr. M. Nirala (PW-19) on 9-5-2015. Cause of death was stated to be due to head injury and duration of death was within 2-3 days prior to postmortem examination. Since the dead body was not identifiable, bones were preserved for DNA profiling on 9-5-2015 and ultimately, the dead body was cremated on 9-5-2015 itself as unclaimed body and thereafter, on 17-6-2015, FIR was registered vide Ex.P-25 by K.R. Kosle (PW-25), Constable. Memorandum statement of Rajesh (A-1) was recorded on 24-12-2015 vide Ex.P